Webster Szanyi LLP Obtains Summary Judgment Dismissing Child Victims Act Case
The lawsuit, filed in New York State Supreme Court, alleged the plaintiff was subjected to significant and frequent sexual abuse on a school bus in the early 1980s. The alleged perpetrator passed away several years ago. Representing the defendant school district, and following discovery and depositions, Webster Szanyi filed a motion for summary judgment seeking dismissal of the complaint because the school district lacked notice of the allegations or that the alleged perpetrator had any propensity to engage in the conduct alleged. In opposition, Plaintiff argued that there was sufficient notice, and submitted an expert affidavit claiming that the school bus was equipped with technology that would have detected unusual driving patterns and that the District failed to properly review or monitor that data. The Court agreed with the school district that there were no material issues of fact and granted its motion to dismiss the complaint in its entirety. Attorneys Ryan Smith and Meghan Hayes represented the school district in this action.